WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, August 26, 2015

OF TEDDY BEARS AND MEN

Before we get to our topic, a few words about the accessibility of courtrooms. 

Every few years with a new crop of judges and bailiffs, we are forced to repeat this. 

The State of Florida FORBIDS closing courtrooms to the public except under certain limited circumstances which involve, among other things, notice to the media. 

Because judges are involved, we will take extra care to explain these simple legal principles. 

A judge/bailiff CANNOT legally bar anyone from a courtroom. All those "no babies" or "no children" signs on your courtroom doors are PATENTLY ILLEGAL. 

Nor can a judge or bailiff bar anyone- any family member, any member of the public from sitting in a courtroom, no matter how busy that courtroom is. Sorry, but you bailiffs who are itching for some power, you have none, when it comes to who may go into a courtroom at any time.

This is not Cuba, or North Korea or Iran or Texas. This is Florida and the United States of America. Courtrooms are open to the public. Period. Deal with it. 

Here's a practice hint: The most enlightened of judges will send their bailiffs to get the name of a person in their courtroom with a young child or baby so they can call that case out of turn. 

Helping the public instead of throwing your weight around. Now there is a novel idea! 

OF TEDDY BEARS AND MEN. 

WARNING: The following may be unbearable:

  1. It's become a yelling match. Judge allowing photo in, with teddy bears (vic is at amusement park) cut out of the top of the photo. Nyo!
  2. Alex Michaels, in a rage about state wanting to show jury pic of murder victim. "The picture shows him surrounded by teddy bears! Really?"

30 comments:

Juniper said...

That whole thing about public trials really eludes some people. However, the term "structural error" always has a nice ring.

Anonymous said...

Dis is bullsheet!!!

Anonymous said...

Or Broward.

I fucking hate Broward

Anonymous said...

Question ... is attorney SPENCER ARONFELD really US District Judge material as per his application to take over Judge Ungaro's seat as she resigns this month to go Senior Status?

Has the seat already been promised to him by the Administration and the JNC?

Captain?

Anonymous said...

Tell Judge Capote who doesn't allow defendants in at exactly the time court is supposed to start or kicks them out for being 1 minute late then sends them away with a bench warrant and doesn't even tell them the bailiff after tells them to fax a reason they were late. Even if their names had not been called. She is the worst judge on the criminal bench! She's the wicked witch of the west.

Anonymous said...

SPENCER ARONFELD is a better dresser than KENNY W ever was. Even in the early 80's, when Kenny wore off the rack Brioni. This Spencer wears full custom everything. His smile, great haircut and knowing his way around the courthouse can win over any jury!

He will be the next Judge Bill Hoeveler! Mark my words.

What say you Captain? Rumpole? Kenny W?

Judge ARONFELD .... it is catchy.

Anonymous said...

I also don't like it when judges put up signs that say no cameras in the courtroom.

Anonymous said...

8:44 -

Were you just in a rage and venting or are your grammar skills really that bad?

Anonymous said...

Oh good grief. Seriously? Spencer Aronfeld applied?

Did he do it . . . ironically?

Anonymous said...

And what is up with Judge A. Milian's bailiff-he stopped Court yesterday in the middle of calendar, interrupted the Judge to announce that if anybody, including attorney, was using their cell phone for any purpose, that they would be removed from Court.

Anonymous said...

There is a big issue in Judge Millan's courtroom.

It is a tiny courtroom, with two rows of seats. His bailiff is a very nice guy, but guards the door tighter than a bouncer at a VIP room in some club.

No family members, etc.

Soto needs to give Millan a different court room or instruct the judge on how to begin on time, move calendar along. People cannot be kept out.

Kissimmee Kid said...

Hah, open trials, how quaint. In Brevard, over on the coast, they have all their civil hearings behind locked doors. Nobody is allowed in unless they are a party or lawyer. No friends, no public. Brevard is in the "Crazy 18th," where the JQC starts an investigation at the investiture. Nobody says anything because the judges retaliate against squeaky wheels, almost as much as they do out-of-towners.

Anonymous said...

is alex michaels being in a rage really news?

Anonymous said...

This Friday, anyone who calls the Shumie and buys a bottle of champagne at the REN (a venue) during happy hour will receive a free teddy bear.

Anonymous said...

Capote is a terrible judge an embarrassment to the state attorney's office that she came from.

Anonymous said...

Never spit upwards....

Troubled task force sent drug money to ex-prosecutor

By Michael Sallah
msallah@MiamiHerald.com

Robert Feitel, a veteran lawyer with a long history of prosecutions, charged into court as the Justice Department’s point man to take on a prominent Miami lawyer in a case that came to symbolize the rights of attorneys to accept fees from international drug traffickers.

Feitel accused lawyer Ben Kuehne of fabricating documents to cover up dollars for the Medellin Cartel. He accused him of orchestrating the payments through overseas wires. He even said Kuehne knew much of the money came from the sale of drugs.

Now, years after the case ended, Feitel is cast in a strikingly similar position as the man he once prosecuted.

The Miami Herald found that more than $100,000 in drug money belonging to criminal organizations was sent to Feitel’s law firm by South Florida undercover officers posing as money launderers to infiltrate drug groups.

The undercover police picked up the cash in New York and sent the money to Feitel — now a defense attorney who specializes in drug cases — at the behest of criminal organizations in a series of payments never questioned by the former prosecutor, records and interviews show.

Kuehne, whose case was ultimately dropped by the government in 2009, said he was surprised to learn about payments to the man who once prosecuted him.

Continue reading here: http://www.miamiherald.com/news/local/community/miami-dade/article32389293.html

Anonymous said...

That ASA's hair needs to be professionally colored. Too fakey red !

Anonymous said...

That asshole who prosecuted Ben sure didn't learn from that fiasco. What a jerk!

Anonymous said...

Anyone ever had a case against Red? Wow, she's a weird person; short tempered and just all around awkward.

Anonymous said...

Someone needs to tell judges that the don't own the courtroom they sit in.

If Donald Trump becomes president, well, that may be different.

Eye on the REN said...

Hurricane party at the REN (A venue) all weekend long $5-kobe beef sliders or 4/$17. Grab a bucket of ten wings and five buds for $25. Shot specials all weekend long. Worried about the storm? Come drink and eat with us. It won't make the storm go away but it won't make it worse.

Anonymous said...

Apparently Rumpole wants to change the fantasy draft from tonight because he's not ready.

Anonymous said...

Rumpole, why are you allowing comments that attack a lawyer's appearance on the blog? Thought that was below your standards.

Anonymous said...

Totally down spending the weekend at the REN getting you rich older lawyers ( men and women) buying me drinks and dinner.

New blondie PD.

Anonymous said...

Really? People are criticizing the prosecutor's appearance? What's up with that nonsense?

Who gives a crap what her hair looks like if she's doing a good, honest, ethical job?

BTDT

Claude Erskine - Browne said...

I have had many cases against ASA Earnst.
She is a good lawyer and a straight shooter. She is upfront about her cases. Never had an ethical issue with her.

The Professor said...

I agree Claude. She is a good lawyer who knows the rules of evidence and how to present a case. She could give lessons to many others in that office.

Anonymous said...

No she is Not the sharpest tool in the shed.

Anonymous said...

It was mentioned earlier that a judge/bailiff cannot legally bar anyone from a courtroom. Can someone be put out or not allowed in a courtroom due to their attire?

I've been told that certain people (black women in particular) have been put out or not allowed in the courtroom because they are wearing a sleeveless top or showing too much cleavage. This judge in particular sometimes provides a shawl for women to cover up.

Anonymous said...

Yeah that's judge Capote who does that. She does that every time since being on the bench.